USER TERMS AND CONDITIONS FOR VFS MALAYSIA SDN BHD FOR ITS WEBSITE

INTRODUCTION:

Welcome to the website of VFS hereinafter referred to as VFS MALAYSIA SDN BHD. Applicants are urged to read the following user terms and conditions and the privacy policy and the use of this website and services provided herein are subject to acceptance of the same.

VFS GLOBAL provides Passport and Attestation processing services to Passport and Consular Services Applicants seeking passport and attestation services in Malaysia from the High Commission of India and is only responsible for the following:

1.	To receive from Applicant his/her completed application form, supporting documentation (collectively, the "Documents") and the applicable fees.
2.	To submit the Documents to the High Commission of India in Malaysia, on behalf of the Applicant.
3.	Applicants are urged against using unauthorized persons, entities and touts and also against divulging any information relating to the receipts, passport and related details to third persons. The Applicants alone will be responsible for any resultant consequences and may also become liable for appropriate prosecutions and liabilities.

TERMS AND CONDITIONS OF USE:

Notwithstanding anything to the contrary, the High Commission of India reserves the right to ask for further documents, information and material to assess the applications and in its own discretion decide on such information, material and documents submitted or furnished. VFS shall not be responsible for any loss or damage to the Documents, in any manner whatsoever.

It must be noted that the grant or refusal of the Passport and Consular documents is the sole discretion of the High Commission of India. VFS is neither involved in the processing nor is liable or responsible in any manner whatsoever for any delay in processing or granting or rejecting the Passport or Consular documents as this is the sole prerogative of the High Commission of India.

VFS takes every reasonable care and precaution in handling and delivering the Documents of Applicants. However, VFS shall not be responsible in any manner whatsoever to the Applicant for any documents which are lost in transit by accident, theft, natural calamities (acts of God) or any other reason outside the control of, or not arising out of a willful act or default of VFS. VFS does not warrant or guarantee the delivery of the documents, material or information as the Applicant may require, but will extend and provide services to the extent and to the points as notified and communicated to the Applicants.

The use of the site is at the sole discretion of the company and any use by anyone may be terminated by VFS at anytime.

By using the services available from the domain and sub-domains of
http://www.vfsglobal.com/india/malaysia (the "Site") the Applicant shall agree to the following terms and conditions, including those available by hyperlink (the "Agreement of Use") with VFS and the general principles for the VFS Web site sites of our client/s its agencies, subsidiaries and international affiliates. If you reside outside MALAYSIA, you are contracting with VFS and its affiliate and the clients. If you have any questions, please refer to the Help section on the Site.

Before you proceed to use the services provided by VFS and its clients, please read and accept all the terms and conditions in, and linked to, this Agreement of Use and the Privacy Policy to be able to proceed further to utilize the services provided by VFS. VFS strongly recommend that, as you read this Agreement of Use, you also access and read the linked information. Do not use the Site if you are not able to enter into legally binding contracts, or if you are under the age of 18, or are temporarily or indefinitely suspended or prohibited from or accessing or using the site;

By accepting this Agreement of Use, you also agree that your use of other VFS related and linked VFS Web site/s will be governed by the Agreement of Use and Privacy Policy posted on those VFS Web site/s and such changes and modifications as may be made from time to time.

PROHIBTION AGAINST UNLAWFUL USE:

While accessing or using the Site, Applicant will not:

	post any content or items in an inappropriate category or areas on the Site nor post any material in whatsoever form, on the VFS website other than the purpose for which the VFS website provides for,
	violate any laws, third party rights, or policies of VFS. Applicant shall not hide or spoof his IP addressor intentionally or bounce his communications through any intermediate computers. Applicant shall also not alter the logs upon gaining access,
	interfere with the technological operations of the site or attempt or manipulate the content or material on the VFS website or interfere or attempt to manipulate or interfere with the VFS website contents or of other Applicants or user's,
	post false, inaccurate, misleading, defamatory, or libelous content (including personal information),
	use any robot, spider, search engine, scraper or other means whether manual, automated, mechanical or electronics either existing or that may be invented, discovered to access the Site and or to do any of the acts mentioned above for any purpose other than the normal purpose which the website intends.

Additionally, you agree that you will not:

	take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
	interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
	bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
	do or take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information of the Site or for using it for purposes unrelated to VFS;
	shall not access or attempt to gain root access, use any manual, mechanical, electrical or electronic means, computer programs, exploits, hacker tools, or scripts, software or hardware tools, search engines either existing or that may be invented either directly, indirectly or through any contrivance to change, modify, post, violate, misuse, abuse, erase, hack, distort, slow down, configure any system, website, to work for them, or to cause denial of services to other Applicants & User's or on other computers or down the VFS Web site or its user features;
	send, post, plant or distribute viruses or any other technologies that may harm VFS, or the interests or property of VFS users;
	copy, modify, or distribute content from the Site and VFS copyrights and trademarks; (Trademarks term to be included only after Trademark registration is done)
	harvest or otherwise collect information about Applicants, including but not limited to any Applicants personal or other details including but not limited to passport details, and other details posted on the VFS Web site by any Applicants personal details, details or information relating to Applicants passport details, email addresses, without their consent.

Applicants and Users will be liable for any action under the Malaysian 'Computer Crimes Act 1997', 'Copyright Act 1987' , Trademarks Act1976 and Trade Descriptions Act 1972.

The Applicants & User's will be liable for Infringement, should any unlawful use be made of VFS Copyright, Trademark and Trademark Descriptions contained therein.

VFS will not hesitate to initiate legal proceedings should any unlawful use be made of its website and its contents therein.

LIMITATION OF USE

Without limiting other remedies, VFS may at its sole discretion or at the advise and or under the directions of its clients limit, suspend, or terminate, temporarily or permanently disable or prevent or disable the Applicants & User's account from making use of its service and user accounts, prohibit access to its website and websites, remove hosted content, and take technical and legal steps to keep Applicants & user/s off the Site if VFS think that the Applicants & user is or attempting to resort to Unlawful usage, resorting to abuse, creating problems, possible legal liabilities, or acting inconsistently with the normal usage.

Content License

When Applicant provides VFS the content, the Applicant & user grant VFS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to exercise the copyright, publicity, and database rights the Applicants & user has in the content, in any media known now or in the future

DISCLAIMER OF WARRANTY AND LIABILITY

While VFS makes and strives to provide secure and continuous connectivity and internet access VFS, the High Commission of India and or its clients shall not be responsible or liable to any Applicant for any loss or consequential damage including among other things any loss of dates obtained, time, data or information furnished or entered on the website or the application forms which may among other things have occurred as a result of any events or acts leading to interruptions in internet connectivity, transmission of signals, server breakdown, systems crashing, hacking, servicing and any other unforeseen events or acts.

Applicants & Users will not hold VFS responsible for other users' actions or inactions, including acts or things the result of which there may be loss of connectivity, loss of dates, loss of data furnished.

Further, while secure and continuous access to the service is sought to be provided and VFS does not guarantee continuous or secure access to its services, and operation of the Site as the same may be interfered with by numerous factors outside the control of VFS. Accordingly, to the extent legally permitted, VFS excludes all implied warranties, terms and conditions. VFS is not liable for any loss of money, time, goodwill, or reputation, or any special, indirect, or consequential loss or damages arising out of your use of its web site.

INDEMNITY

Applicants & Users agrees to indemnify and hold VFS, its officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the breach of this Agreement, or violation by the Applicants & Users of any law of any country or the rights of a third party.

NOTICES

Except as explicitly stated otherwise, legal notices shall be served on VFS authorised agent at: No19.03, 19th Floor, Wisma MCA, 163 Jalan Ampang, Kuala Lumpur Malaysia and to the Applicant to the email and/or address provided to VFS during the online filling of the form. Notice shall be deemed given 24 hours after email is sent. VFS may give Applicants legal notice by email or to the address provided during the registration process.

LAW AND FORUM FOR DISPUTES

This Agreement shall be governed in all respects by the laws of Malaysia as they apply to agreements entered into and to be performed entirely within Malaysia between its residents, without regard to conflict of law provisions. Applicants & User's agrees that any claim or dispute you may have against VFS must be resolved by a court located in Malaysia. The User specifically agrees to submit to the personal jurisdiction of the courts located within Malaysia for the purpose of litigating any claims or disputes or for prosecuting any cases for any offense of whatsoever nature that may arise from the use of this website of services provided by VFS or its website.

VFS, is located at No 19.03, 19th Floor, Wisma MCA, 163 Jalan Ampang, Kuala Lumpur, Malaysia. If you reside outside Malaysia and access this Site, the services are offered by VFS, subject to the Applicant & User's accepting the jurisdictional terms and conditions as mentioned herein. If any provision of this Agreement is held to be invalid or unenforceable both in Malaysia and in such other jurisdiction or court, such provision shall be struck out and the remaining provisions shall be enforced. In its sole discretion, VFS, may assign this Agreement in accordance with the Notices Section.

Headings are for reference purposes only and do not limit the scope or extent of such section. VFS failure to act with respect to a breach by Applicants & user/s or others does not waive its rights to act with respect to any breach, subsequent or similar breaches. VFS reserves the right to take action as it may decide, or advised by its Legal Counsel and or as directed by its clients.

VFS may at any time amend this Agreement of Use by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective as at the time of accessing the website and using the services. This Agreement of Use may not be otherwise amended except in a writing signed by VFS, only. This Agreement of Use sets forth the entire understanding and agreement between Applicants & user's with VFS with respect to the subject matter hereof.

PRIVACY POLICY

1.	SCOPE: The Privacy Policy describes how the information furnished by applicants and users is collected, used, stored, transferred and made available to the providers contracting party, affiliates, governments, law enforcement agencies, authorities and other agencies. By accepting the Privacy Policy and user agreement, Applicants & user/s expressly consents to our Privacy Policy.
2.	INFORMATION COLLECTION: All information, posted, furnished and submitted by the Applicant while filling up the forms is converted into such formats as may be required and communicated to the HIGH COMMISSION OF INDIA. The information so collected shall be stored, transferred and shared by VFS or any of our affiliated agencies, partners and any law enforcement agencies as would be required under law and mentioned herein. VFS may collect: All information furnished by Applicants & User/s, and identifiable by the passport number, portal, server, I.P address etc., which is traceable in relation to VFS’s site or in relation thereto such as IP address, E-mail address, contact detail information and other information like transactional information of Applicants online usage, IP address, log on information and standard web log information etc.
3.	PURPOSE OF COLLECTION: The predominant purpose in collecting the information is to provide the efficient and customized webpage: 1. To provide and upgrade services to Applicants & Users 2. To prevent misuse, abuse, mischievous intent, prohibited or illegal use and hacking by Applicants & Users through any means and to address any security issues 3. To customize, measure and improve our services and site content and layout. And generally to provide and communicate any of the above to our contracting party, principle, affiliates, governments, law enforcement agencies, authorities and other agencies to respond to legal requirements, protect any one's right, property safety or, or in allegation of fraud, misuse, abuse, mischievous intent or investigations.
4.	COOKIES: VFS uses "cookies" (small files placed on Applicants & User/s hard drive) on certain pages of the Site to help analyze our web page flow, customize our services, measure promotional effectiveness, and promote trust and safety. A few important things Applicants & User/s should know about cookies are that: 1. VFS offer certain features that are only available through the use of cookies. 2. VFS use cookies to help identify Applicants & User/s and maintain Applicants & User/s signed-in status. 3. Most cookies are "session cookies," meaning that they are automatically deleted from the Applicants & User/s hard drive at the end of a session. 4. Applicants & User/s is/are always free to decline our cookies if Applicants & User/s browser permits, although doing so may interfere with Applicants & User/s use of the Site. 5. Applicants & User/s may encounter cookies from any links or third parties on certain pages of the Site that VFS do not control. (For example, if Applicants & User/s view a VFS page created by another user, there may be a "cookie" placed by that VFS page.) . VFS and our users do not tolerate spam. Applicants & User/s are not licensed, permitted, expected to add, modify, deface, hack, misuse or abuse the, VFS site or the contents therein. To report to VFS any related spam or spoof emails to VFS, please forward the email to info.inmy@vfshelpline.com . Applicants & User/s may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. VFS do filter and automatically scan messages before they are sent for viruses and other illegal or prohibited content but do not permanently store email messages sent through these tools. VFS do not rent or sell these email addresses.
5.	USER ACCOUNT INFORMATION, PASSWORD & APPLICANTS PERSONAL INFORMATION: Applicants passport, date of birth and name are the key to Applicants account. Use the same and do not disclose the details to anyone. If Applicants share Applicants password or Applicants personal information with others, remember that Applicants are responsible for all actions taken in the name of Applicants account. If Applicants lose control of the same, Applicants may lose substantial control over Applicants personal information and may be subject to legally binding actions taken on Applicants behalf. Therefore, if Applicants password has been compromised for any reason, Applicants should immediately notify VFS and ensure appropriate safety and security measures.
6.	ACCESSING, REVIEWING & MODIFYING PERSONAL AND OTHER INFORMATION: Applicants can see, review and change most of Applicants personal information by logging into the Site. Generally, VFS will not manually modify Applicants personal information because it is very difficult to verify Applicants identity and other details. Applicants must promptly update Applicants personal information if it changes or is inaccurate. Once Applicant submit the information, Applicant will be able to change or remove it only up to 48 hours before the date of the interview date. VFS retains personal information in order to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce the terms and conditions and take other actions otherwise permitted by law.
7.	SECURITY: VFS treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect Applicants personal information against unauthorized access and disclosure. However, sometimes third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse Applicants personal information that they collect from the Site. Therefore, although VFS ensures to protect Applicants privacy, it cannot guarantee the Applicant that personal information or private communications will always remain private and secure.
8.	GENERAL: The contents of the Privacy policy may be changed at any time and all Applicants & users will be subject to the terms as applicable at the time of usage.
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